City Council Minutes

Pursuant to due call and posted notice thereof, the regular meeting of the Victoria City Council was called to order at 6:30 p.m. by Mayor Hershberger Thun in the Council Chambers at 7951 Rose.

Members Present: Mayor Mary Hershberger Thun; Councilmembers: Tim Amundsen, Tom O'Connor, Kim Roden and Jim Paulsen.

Absent: None.

Staff Present: Don Uram, City Administrator; Holly Kreft, Community Development Director; Jylan Johnson, Finance Director; City Engineer, Cara Geheren; Ann Mahnke Public Works/Parks and Recreation Director and Mike Norton, City Attorney.

Others Present: Sue Orsen, Victoria Gazette; Unsie Zuege, The Chanhassen Villager; and others.
 

A motion was made by Councilmember Paulsen, to adopt the Agenda. The motion was seconded. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.
 

(3) OPEN FORUM:

Kim Roden, 7223 Lilac Lane, said she would like to address an item as a member of the public. She stated she understands the repairs to the Harborage property associated with Phase I of the Metropolitan Council sewer project are finally progressing after 2½ years. She said as a resident of Victoria she believes the City Council should review the procedures regarding communications between government agencies that have been granted a permit for construction and timeliness in which information is shared. This improved process should not just be associated with the second phase of the construction process after there have been problems with the first phase. Ms. Roden stated she believes as residents of the city they have the right to expect timely communication and completion of projects, particularly when there has been controversy and/or litigation. She requested the City Council and staff continue to keep the public and affected homeowners updated with repairs to the Harborage as it is completed.

Ms. Roden reminded the City Council that the Harborage and channel area are not the subject of litigation; however, impacts to it and the channel has in the recent past halted resident's access to Lake Minnetonka. These residents pay high taxes to live on a channel and they have not been compensated for their inability to reach the lake during the construction process.

Ms. Roden stated she believes as residents of the city they are all stakeholders in construction projects from the beginning until the end and even for years afterwards if there are problems identified.

Ms. Roden asked that the City Council revisit its communications and problem solving roles for the construction issues associated with the Harborage and channel area.

Ms. Roden reminded the City Council as a member of the public that the Met Council will be back in the same area. She said this issue is not going away and it is just beginning.
 

(4) VISITORS PRESENTATION:

Ms. Kreft introduced Allison Neaton who will be discussing National Get Outdoors Day on June 12^th.

Allison Neaton, Outdoor Education Supervisor Lowry Nature Center, said she has been at the Lowry Nature Center for 2 ½ years. She said she is trying to work on establishing community connections. She stated the park district is participating in National Get Outdoors Day on June 12^th and there will be several activities and programs that will be free for the public to use that day. She promoted this event to get Victoria residents familiar with Carver Park.
 

A motion was made by Councilmember O'Connor, to Approve the Consent Agenda. The motion was seconded. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.
 

A motion was made by Councilmember O'Connor, to Approve the May 24, 2010 Claims Roster in the amount of $344,868.31. The motion was seconded. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.

-A- Accept Donations

A motion was made by Councilmember O'Connor, to Approve Resolution No. 10-54, A Resolution accepting donations from Michelle Aspelin in the amount of ¼ page ad ($70) –At Home in Victoria for Concerts in the Park, Xcel Energy in the amount of $150 for Concerts in the Park, Dahlgreen Golf Club in the amount of $400 for Concerts in the Park, T-Ball, Coach Pitch and Hook a Kid on Golf as well as an anonymous donation in the amount of $500 that is to be used as a grant, to be given to the Victoria Business Owners Association to be used for the Volksfest Artist Logo Initiative. The motion was seconded.

Councilmember Amundsen asked which golf course Hook a Kid on Golf would be conducted. Ms. Mahnke said one class will be at Deer Run and three classes will be at Dahlgreen.

With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.

Mr. Uram stated the Victoria Business Owners Association has applied for a temporary noise permit to allow for outdoor music from 10 a.m. to 11 p.m. on August 28, 2010. He noted this is a typical request and staff is recommending approval.

Mayor Hershberger Thun opened the public hearing at 6:42 p.m.

Mayor Hershberger Thun closed the public hearing at 6:42 p.m.

A motion was made by Councilmember Roden, to Approve a Temporary noise Permit for Victoria's Volksfest which will be held on August 28, 2010 from 10 a.m. to 11 p.m. The motion was seconded. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.

Ms. Geheren explained the city is required to have an annual meeting to talk about topics related to the storm water pollution prevention program. She said notice of this meeting has been posted.

Ms. Geheren noted the current permit has been in place since 2002 and then it was amended in 2005. She said the Minnesota Pollution Control Agency will be issuing a new permit in 2011.

Ms. Geheren stated the Minnesota Pollution Control Agency has begun auditing cities so the city should expect in the program to be audited within the next few years. She noted the feedback from the cities that have been audited has been favorable.

Ms. Geheren stated one of the components to the program is public education and outreach. She said in 2009 the city hosted a rain garden workshop which was in the spring and then the city also hosted a lake association meeting in the fall. In 2010 they are looking for someone to host a rain garden party for property owners around Lake Virginia. She also noted the Schutz Lake Association is hosting a lakescaping workshop.

Ms. Geheren stated the big focus for 2009 and 2010 is maintenance. She said they are required to inspect all the facilities on some type of rotation.

Ms. Mahnke said the Public Works department is responsible for the maintenance for all the storm water ponds and storm water structures. She said currently there are 70 ponds, 33 pollution control structures, 84 MS4 outlets, 1,800 manholes and almost 34 miles of storm sewer pipe within the community.

Ms. Mahnke stated they are required to maintain or look at approximately 20% of the system on an annual basis.

Ms. Mahnke said in the packet is the inventory of the existing ponds. She stated at the last City Council meeting six projects were approved for this year.

Ms. Mahnke stated that as part of the requirement with the change in the permitting process in 2011 they will need to start testing any dredging material that is removed from ponds. She noted the tests are about $1,500 per test.

Mayor Hershberger Thun opened the public hearing at 6:50 p.m.

Mayor Hershberger Thun closed the public hearing at 6:50 p.m.

Councilmember Roden noted that both Lake Virginia and Schutz Lake are using the same company to treat their lakes.

Councilmember Amundsen asked what the fine is to clean up yard waste from the storm water runoff. Mr. Norton said it would be considered a misdemeanor and if the city had to clean it up they could assess the property for the cost of the clean up.
 

Ms. Geheren said the only action for tonight is to authorize the advertisement for bids for the project. She noted bids would be opened on June 21^st and the results would be brought back on June 28^th.

Ms. Geheren said the primary scope of the project is the Auburn Neighborhood. She noted the scope is essentially the same as at the feasibility level.

Ms. Geheren said they have been meeting with individual property owners and have had one neighborhood wide open house. She said another open house will be held in the next month.

Ms. Geheren said one of the questions discussed during the feasibility stage was the frontage road along Highway 5 and after discussions they decided it was important to keep the road in place to provide circulation for public safety, fire, public works, garbage trucks and school buses.

Ms. Geheren stated instead of putting in a 24 foot wide road they did reduce the street width to 20 feet for the frontage road. She noted that going wider would have potentially required additional property. Ms. Geheren said they will have to fill in the ditch adjacent to Highway 5. She pointed out the frontage road that would be signed no parking on either side and said the others streets will have no parking on one side.

Ms. Geheren said there is extensive sanitary sewer replacement needed in the neighborhood. She noted in terms of sanitary sewer it is probably the most comprehensive work the city has ever done. She said they will be converting a 201 greywater system to a traditional system which will reduce the city's maintenance cost.

Ms. Geheren reviewed the alternate bids. She showed Thornberry Curve in the Baycliffe Neighborhood and said they have been looking at ways to extend that for a number of years. She said the property owner is willing to give an easement at no cost to the city to construct the road. Ms. Geheren said they would like to move forward with getting bids and if the city were to move forward it would be 100% city cost.

Ms. Geheren said the second alternate is to construct trails adjacent to the Victoria Recreation Center. She showed the trail segments that would provide connections to existing trails in the park.

A motion was made by Councilmember Paulsen, to Approve Resolution No. 10-55; A Resolution approving construction plans and specifications and ordering advertisement for bids. The motion was seconded. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.
 

Ms. Kreft noted an amended resolution was handed out.

Ms. Kreft explained the request is for a conditional use permit to amend a planned unit development that is currently in place for 1601 Highway 7. She noted the property consists of approximately 118 acres within Carver County. The property is bordered to the east by Lake Zumbra and Stone Lake on the west and further to the west the property is bordered by Carver Park Reserve. Ms. Kreft said the property is zoned residential. The property was annexed by the city in 1981 from Laketown Township. In 1993 the previous owner had requested a planned unit development in order to construct an office building on the eastern portion of the property.

Ms. Kreft said a site plan is in the packet. She said when the city granted the planned unit development in 1993 it did so through a conditional use permit. The planned unit development allowed for a variety of uses.

Ms. Kreft stated the applicant provided a detailed narrative which is included in the packet. She said the narrative includes the proposed use by Life Science Foundation. She noted the eastern portion of the property is guided as residential and the western section is guided as park and open space and the cross hatch indicates that it is an in-holding by Three Rivers Park District.

Ms. Kreft said the request was also reviewed by Mn/DOT, the DNR and Three Rivers Park District. She noted that Mn/DOT did not have any concerns with the request as long as no additional buildings were proposed.

Ms. Kreft said the Planning Commission reviewed the request at their meeting and discussed the benefit to the public for the project and the loss of taxes because Life Science Foundation can apply for tax exemption. She noted the Planning Commission did recommend approval of the conditional use permit with the conditions noted.

Ms. Kreft highlighted the changes to the conditions underlined in number 7 and 8 proposed by the applicant.

Ms. Kreft said the Planning Commission did recommend approval with the additional condition that the narrative be included as an exhibit.

Ms. Kreft noted that Councilmember Paulsen has provided photographs of the site.

Councilmember Roden asked what impacts this would have on the density requirements. Ms. Kreft said there would not be any specific impacts.

Mr. Uram commented on the additional language in number 8; except by special permit after application to staff and asked about the process. Ms. Kreft said this is the language proposed by the applicant. She explained that they would need to meet the occupancy load and it would be handled through a similar process to a block party where there is review by multiple departments. Mr. Norton said that in the code there isn't anything that would provide for this kind of a process. He said it would require approval by the City Council. Mayor Hershberger Thun clarified that the application for approval would go to City Staff.

Mr. Norton said standards are needed that would apply to the approval or denial to increase the occupancy to over 125. He said it could say increased by special permit subject to building code occupancy standards.

Councilmember Paulsen said there are two primary buildings and one of the goals is to get one building ready to start to use it for meetings. Mr. Norton said the planned unit development authority is flexible. He suggested that condition be put in the resolution.

Ms. Kreft stated if there is a phased construction they would need to come back through the same process.

Councilmember Roden asked what notification has been given to surrounding neighbors about the planned use and if there was any feedback. Ms. Kreft said the city is required to send notice to within 350 but staff did send it beyond 350 feet to be conservative. She noted the applicant also met with the Lake Zumbra Homeowner Association. She said there was not any feedback.

A motion was made by Councilmember O'Connor, to Approve Resolution No. 10-565; A Resolution Approving a Conditional Use Permit Amendment for a Planned unit Development for Life Science Foundation Located at 1601 Highway 7, Excelsior, MN 55331 Located in the City of Victoria with the added language to condition number 8: No more than 125 guests shall be permitted on site at one time, except by special permit after application to City Staff subject to building code occupancy standards. The motion was seconded. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.

Mr. Uram said there is information in the packet regarding potentially adopting a code of ethics that was requested in May of 2008. He noted that at the meeting a motion was made to delay any action on a code of ethics until the League of Minnesota Cities completed their work. He said the two documents are a template code of conduct and a model statement of values. Mr. Uram explained the League of Minnesota Cities put together an extensive program for evaluating ethic standards. He said a ten person panel was appointed and a survey was sent out in which only 52 people responded. He noted there are 829 member cities in the League which is more than 4,000 elected or appointed officials. Mr. Uram explained that out of the people that actually voted approximately 70% thought it would be useful. He noted there was concern about the potential misuse of the documents. He stated it is up to each individual city to decide if, how or when they wanted to do this.

Councilmember Roden stated she would like to see this examined again. She said the proposal is not finished and there is some work that needs to be done before it can be adopted. She said one of the options recommended was to refer it back to the personnel committee to do some work on it to determine if the City of Victoria is interested. She noted she is comfortable with that.

Councilmember O'Connor referred to the ordinance and said there are five standards of conduct listed and two plus disclosure requirements. He questioned if those are already covered by some form of Minnesota state law. Mr. Norton said the first four are common sense and the communication relates to the open meeting law which is already covered by statute.

Councilmember O'Connor commented on the $2,000 fine. Mr. Norton said each political body can disagree how the other person is acting. He said the disclosure issue is a policy decision.

Councilmember O'Connor said at the risk of being against ethics he thinks this document leaves a lot to be desired.

The City Council discussed the complaint section.

Councilmember Amundsen questioned if this policy is really conducive to working with people. He said it never hurts to be reminded of things that would be common sense. He stated this is an example of how statistics can be used to misrepresent reality. He said there is no endorsement from anyone elected in the State of Minnesota for adoption of these principals. Councilmember Amundsen suggested this be included in a packet given to officials.

Councilmember Roden suggested this be taken out once a year for review.

Councilmember Roden asked about this helping staff. Mr. Uram said what is beneficial to staff is to be clear on procedural items.

Mayor Hershberger Thun said she is comfortable with providing this to newly elected officials and newly appointed people. She said she would not keep the complaint hearing in. She stated she is not comfortable with sending it to the personnel committee.

Mayor Hershberger Thun summarized the discussion and said they are comfortable providing this model statement of values and the template code of conduct minus the last page. She said this would be provided in a packet each year to newly appointed and newly elected people. She said they would also find time for this to be reviewed with the City Council.
 

Bill Olson said they were asked four questions related to the budget review and addressed those questions. He showed a capital equipment replacement chart. He noted there are three harvesters.

Mayor Hershberger Thun commented on the deferred maintenance and said if there is a need now it should be addressed now. Greg Nybeck explained the harvesters and said they are down to three harvesters. He said the problem is they are trying to maintain the budgets where they take in to consideration the city's economic concerns. He noted if they wanted to put money aside for depreciated equipment they would probably not be able to maintain the 0% increase in the cities levies. Mr. Nybeck said they have about $80,000 to $90,000 set aside for depreciated equipment.

Mr. Olson said the next question was: What projects directly impact the city of Victoria? He responded:

• All projects directly impact the city

• Invasive species control

• Safety

• Sheriff's water patrol equipment

• Launch inspection program

• Education

Mr. Olson said a question related to the above projects was: What % of the budget is spent on administration versus projects? He responded:

• Overhead burden which is salaries, benefits, rent, etc… is $275,827. He said that is three full-time people plus six part-time people in the harvesting program and one part-time administration in the office.

• Project expenses $271,622

• Save the lake projects $60,426

Mr. Olson said the last question was: How is the budget approved? He said the budget is approved by the 14 cities. He stated that Minnesota statute states they have to submit the budgets to the cities by July 1^st.

Councilmember O'Connor asked what would happen if there were 8 cities that said they don't approve the budget. Mr. Olson said the 14 city's can actually dissolve the Lake Minnetonka Conservation District. He said the city is in charge and they are the people who fund it. Councilmember O'Connor asked what would happen if there were cities that asked the Lake Minnetonka Conservation District to reduce the budget. Mr. Nybeck said they have never been in that situation. He said if there are one or two cities that express objection the cities by statute can request a public hearing and any changes would be up to the board.

Councilmember O'Connor asked what other risks are preventing them from doing things. Mr. Nybeck said the key element seems to be aquatic invasive species. He noted the board has an interest in doing more towards prevention and more inspections.

Councilmember Paulsen commented on the financial statements and said from his standpoint they need to look at metrics that judge efficiency.

Mr. Nybeck said on Thursday, June 3^rd at 11:00 a.m. there will be the ability to come in to the LMCD offices to review and provide comments to the board.

Mr. Olson commented on the invasive species treatment study and said they are learning what works and what doesn't work. He said when they come up with their recommendation after the five year plan they will let the lakeshore owners know and it will be their call with how they treat that bay.

Councilmember Amundsen commented on the fines and the costs for snowmobiling and said the safety and training laws are ridiculous. He said the safety requirements have merit. Councilmember Amundsen explained that a Minnesota resident born after 1976 has to go through the online and certified training course to be certified to operate a snowmobile but someone who comes from out of state once they are 18 years old they can drive. He said it would be interesting to know how many people have safety violations that have been dismissed in court. He stated other people from out of state should go through the same requirements as residents to make it consistent. Mr. Olson said he just joined the public safety committee and will take these comments to the committee.

Ms. Geheren said included in the packet is some information that was summarized by the county engineer. She said the first table is the Highway 5 interim improvement projects which also has a map with it. She noted this table came out of the corridor study. Ms. Geheren said the items shown in red are included in the 2012 project. She said the exceptions are improvements to the intersection of County Road 11 and Highway 5 at the Dairy Queen and access management through the downtown area.

Ms. Geheren explained the second part was taking a look at expansion to four lanes. She said it is identified as a need but continues to remain unfunded. She said that a Mn/DOT study found that in order to address congestion in the metro area on the principal arterial system the gas tax would have to be raised $2.00 per gallon.

Ms. Geheren said the second map looks at different funding opportunities. She stated the intention is to have a workshop this summer to talk about the priorities and the next step.

Mayor Hershberger Thun clarified the total cost of $55 million is all the way out past Waconia. Ms. Geheren said she will inquire on the sources.

Councilmember Amundsen stated this is the government's road and if cities pay for improvements on state roads it is bad form.

Councilmember Paulsen commented on toll roads.
 

Mr. Norton said this is one of the final pieces for completing the land swap transaction. He said the City agreed to purchase the Bohlman parcel and convey it to Three Rivers Park District. He explained the deed needs to be approved in order to finish the transaction.

Mr. Uram said the site was graded last week to meet the specifications of the Three Rivers Park District and the last thing they need to do is seed it which will be completed this week.

A motion was made by Mayor Hershberger Thu, to Approve Resolution No. 10-57; A Resolution approving the conveyance of the Bohlman Parcel to Three Rivers Park District. The motion was seconded. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.

Councilmember O'Connor said he attended the Lake Minnetonka Communications Commission meeting and there were two things of note. One, Henry Pryor of Victoria was elected as Chairman of the committee and will serve a one year term. Second, a Victoria resident was named Producer of the Quarter. Michael Sanders, 1450 Field Creek Circle, was awarded for his many contributions to the Lake Minnetonka Communications Commission. He is the producer host of his own program Palette Talk, which features local artists and airs on channel 12.

Councilmember O'Connor said there is a workshop sponsored by the Lake Minnetonka Communications Commission on Saturday, June 5^th regarding the fiber project.

Councilmember O'Connor reported that he attended an ACCEL meeting and said the county is replacing the pager system for fire notification. The cost is $1.2 million which will be covered by federal grants and the county picking up the other 20%. Mayor Hershberger Thun asked if it is for sure that the grants and county are going to pay and there would be no cost to the cities. Councilmember O'Connor noted it is not a for sure thing, but the way it looks is there should be no cost to the cities.

Councilmember Paulsen commented on the City of Zumbrota and wind energy. He said a two mile setback was imposed from the city limits. He said there is concern that the state is going to mandate where these go.

Ms. Kreft noted she will contact Gordy Simanton to see if he is able to attend a future meeting.
 

None.
 

None.
 

A motion was made by Councilmember Roden, to adjourn the meeting at 8:26 p.m. The motion was seconded. With all members voting in favor, the motion carried. Vote: 5 Ayes, 0 Nays.
 

Respectfully submitted,

Tanya Schmieg
TimeSaver Off Site Secretarial, Inc.